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PAYSAFE MERCHANT TERMS and CONDITIONS Version

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PAYSAFE MERCHANT TERMS and CONDITIONS Version PAYSAFE behalf of the Merchant (as amended from time to time) through which its customers are able to make Transactions; MERCHANT TERMS AND CONDITIONS NETELLER Services means the Digital Wallet Payment Service Version 1.0 – June 2021 provided by PFSL and/or PPSL. NETELLER Terms of Use means the terms and conditions 1. Definitions and Interpretation available here, as amended from time to time in accordance with clause 19 of said NETELLER Terms of Use, which govern the use 1.1. The following terms when used in this Agreement or any of the NETELLER Service document referred to herein shall have the following meaning: NETELLER Website means the website (as amended from time to Agreement means these Paysafe Merchant Terms and time) for the provision of the NETELLER services, currently Conditions, any cover pages hereto, any Schedules hereto and accessible at http://www.neteller.com, excluding any external the Skrill Terms of Use and/or NETELLER Terms of Use; websites to which the website points by way of hyperlink or otherwise; Card or Payment Scheme shall mean any card payment Paysafe means Skrill, PFSL and/or PPSL (as the case may be); systems (such as VISA, MasterCard®, American Express or others, including national or local systems) or bank payment Paysafe Services means the Skrill Services and/or NETELLER scheme (such as direct banking systems, direct debit systems Services provided by Skrill and/or PFSL and/or PPSL under this or bank transfer systems); Agreement, and any other service as agreed between the parties from time to time; Confidential Information means any information which is marked as “Confidential” or “Proprietary” or should be Paysafe Websites means the Skrill Website and/or the NETELLER reasonably expected to be confidential having regard to the Website (as the case may be); context of disclosure or the nature of the information; including, without prejudice to the generality of the foregoing, the terms of Person means an individual, a body corporate, an association, a this Agreement as well as business plans, data, strategies, partnership, a trust or any other entity or organisation; methods, customer and client lists, technical specifications, Personal Data means any personal data (as such term is defined in transaction data, any Personal Data and customer data shall Data Protection Legislation) processed under or in connection with be deemed confidential; this Agreement. Sensitive Personal Data will not be shared between Data Controller means a controller or data controller (such the parties. term is defined in Data Protection Legislation); PFSL means Paysafe Financial Services Limited (registered number: Data Protection Legislation means applicable laws, rules and 4478861) whose registered office is at Floor 27, 25 Canada Square, regulations which relate to the protection of individuals with London, England, E14 5LQ, United Kingdom; regards to the Processing of Personal Data including, without PPSL means Paysafe Payment Solutions Limited (registered limitation and to the extent applicable from time to time: (i) number: 626665) whose registered office is at Grand Canal House, national laws implementing the Electronic Communications Grand Canal Street Upper, Dublin 4, DO4 Y7R5, Ireland. Data Protection Directive 2002/58/EC; (ii) the General Data Protection Regulation (2016/679) (the “GDPR”); (iii) GDPR Processing or Process has the meaning given to it in Data Protection implementation legislation, and (iv) any other laws, regulations Legislation; and rules, relating to the Processing of Personal Data, and any guidance or code of practice relating to the Processing of Regulatory Requirements means any applicable law, statute, Personal Data issued by a relevant regulatory authority or other regulation, order, judgement, decision, recommendation, rule, policy relevant competent authority; or guideline passed or issued by parliament, government or any competent court or authority or any payment system (including but Digital Wallet Payment Service means the digital wallet not limited to bank payment systems, card payment systems such based payment service through which a Skrill or NETELLER as Visa, MasterCard, American Express etc, or any other payment, account holder can send funds to a recipient using an e-mail clearing or settlement system or similar arrangement that is being address as the recipient’s identifier (regardless of whether this used for providing the services hereunder); is facilitated through the use of the Skrill Website or the NETELLER Website or a payments gateway integrated into the Reserve means an amount which is determined by Paysafe (in its Merchant Website or otherwise); sole discretion) in accordance with clause 6, for the purpose of securing any claims by Paysafe against the Merchant; Gateway Service means any Skrill service using a payment gateway integrated into (but not necessarily hosted on) the Security means any form of security requested by Paysafe (in its Merchant Website for receiving payment instructions from a sole discretion) from the Merchant including: (i) a Reserve and/or (ii) customer; a bank guarantee or other such security; Manual means any of the technical manuals applicable to the Skrill means Skrill Limited (registered number: 4260907) whose Skrill Services and/or NETELLER Services, including but not registered office is at 25 Canada Square, London E14 5LQ United limited to the Skrill Gateway Manual, the NETELLER Kingdom; Integration Guide and the Automated Payments Interface Skrill Services means the Digital Wallet Payment Service and the Manual, each as amended from time to time and published on Gateway Service provided by Skrill and/or PPSL. the Skrill Website and/or NETELLER Website, or, in case of a merchant integration through a third party service provider, any Skrill Terms of Use means the terms and conditions available here, third party integration instructions or manuals; as amended from time to time in accordance with clause 18 of said Skrill Terms of Use, which govern the use of the Skrill Services; Merchant means the Person who has entered into this Agreement for Paysafe Services; Skrill Website means the website (as amended from time to time) for the provision of the Skrill Services, currently accessible at Merchant Account means the Merchant’s registered http://www.skrill.com, excluding any external websites to which the electronic money account(s) held with Skrill and/or PFSL and/or website points by way of hyperlink or otherwise; PPSL in accordance with the Skrill Terms of Use and/or NETELLER Terms of Use; Transaction means any transaction between a Merchant and its customer using the Paysafe Services for the purchase or lease of Merchant Product/Service means any product or service goods or services from the Merchant and/or a transaction for the offered by a Merchant to its customers and which is ordered, reversal of such a purchase or lease. purchased, leased, or otherwise provided to a customer pursuant to a Transaction; 1.2. Headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Merchant Website means the website operated by or on 1.3. Unless the contrary intention appears, words in the singular activities of the Merchant, or where the Merchant presents a include the plural and vice versa; words importing the Transaction and fails to deliver the relevant goods and/or masculine gender include the feminine and neuter and vice services and/or where the Merchant is third party processing versa; references to persons include bodies’ corporate, and not delivering goods and/or services itself; or unincorporated associations, partnerships or an authority. 4.4.6. where there is a change in the Merchant circumstances 1.4. Any phrase introduced by the term "included", "including", "in (including a deterioration in or change to the Merchant’s particular" or any similar expression will be construed as financial position), or a change in the Merchant’s business or illustrative only and will not limit the sense of the words in the Merchant Products/Services which Paysafe considers, preceding that term. in its sole discretion, material to the continuation of the Paysafe Services; or 1.5. If there is any conflict between the clauses of these Paysafe Merchant Terms and Conditions and the Skrill Terms of Use 4.4.7. where the Merchant undergoes a Material Change as defined and/or NETELLER Terms of Use, the conflict shall be resolved in clause 5.11; or in accordance with the following order of precedence: 4.4.8. if Paysafe considers, in its sole discretion, that the number of 1.5.1. the cover pages to the Agreement; claims for non-delivery of Merchant Product/Service that are being incurred in respect of the Merchant are unreasonable; 1.5.2. the Schedules to the Agreement; and Paysafe will make reasonable efforts to inform the Merchant of 1.5.3. these Paysafe Merchant Terms and Conditions; any such suspension in advance, or if this is not practicable, 1.5.4. the Skrill Terms of Use and/or NETELLER Terms of Use; immediately afterwards and give its reasons for such suspension and unless informing the Merchant would compromise security measures or is otherwise prohibited by Regulatory Requirements. 1.5.5. any other document referred to in this Agreement or any other document attached to this Agreement. 4.4. In addition, Paysafe reserves the right (at its sole discretion) to suspend the Merchant Account (or certain functionalities thereof 2. Scope such as uploading, receiving, sending and/or withdrawing funds) at any time where it is required to do so in accordance with Regulatory 2.1. This Agreement contains the terms for the provision of the Requirements. Paysafe will make reasonable efforts to inform the Paysafe Services as described in clause 4 and such other services as agreed between the parties in writing from time to Merchant of any such suspension unless Paysafe is prohibited from doing so by law or under an order from a competent court or time.
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